senate Bill S2566

2013-2014 Legislative Session

Prohibits a person convicted of violating "Buster's Law" from owning or possessing a companion animal

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 28, 2014 referred to agriculture
delivered to assembly
passed senate
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.502
Jan 08, 2014 referred to agriculture
Jun 21, 2013 committed to rules
May 06, 2013 advanced to third reading
May 01, 2013 2nd report cal.
Apr 30, 2013 1st report cal.454
Jan 22, 2013 referred to agriculture

Votes

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May 6, 2014 - Agriculture committee Vote

S2566
9
1
committee
9
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Agriculture Committee Vote: May 6, 2014

nay (1)
aye wr (1)

Apr 30, 2013 - Agriculture committee Vote

S2566
9
1
committee
9
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: Apr 30, 2013

nay (1)
aye wr (1)

Co-Sponsors

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S2566 - Bill Details

See Assembly Version of this Bill:
A4514
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง353-a, Ag & Mkts L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5084, A1580
2009-2010: A10283

S2566 - Bill Texts

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Prohibits a person convicted of "Buster's Law" from owning or possessing a companion animal unless authorized by court order, after appropriate psychiatric or psychological testing.

view sponsor memo
BILL NUMBER:S2566 REVISED 4/29/14

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to limiting the ownership or possession of companion animals
by persons convicted of violating "Buster's Law"

PURPOSE: To increase penalties (maximum prison sentences and maximum
fines) for engaging in animal fighting and committing the crime of
Aggravated Cruelty to Animals (aka Buster's Law) and require
psychiatric evaluation/treatment for those committing the crime of
Aggravated Cruelty to Animals.

SUMMARY OF PROVISIONS:

Section One - Amends section 353-a of the Ag & Markets Law to provide
that no person convicted of a violation of "Buster's Lawn shall own or
possess a companion animal, unless or until authorized by a Judge of
the county court in the county of such person's residence. Further
provides that no county court order shall issue unless the convicted
person demonstrates that he/she has evaluation and that the results of
such evaluation indicate clearly and convincingly that such person is
of sound mind and possess the capacity and ability to properly care
for such animal.

JUSTIFICATION:; The recent media fury surrounding Atlanta Falcon
Michael Vick's dog fighting case including allegations that he
brutally executed dogs not considered vicious or aggressive enough has
focused attention on the gruesome world of animal fighting.

According to the U.S. Humane Society, dog fighting is illegal in all
50 states and the District of Columbia. Forty-eight states and the
District of Columbia have made dog fighting a felony offense; 47
states prohibit the possession of dogs for fighting and 46 states
prohibit being a spectator at a dog fight. In July 2007, the Humane
Society ranked New York State 44th among states in the severity of its
dog fighting laws. While the state considers dog fighting a felony,
being a spectator (having paid an admission or made a bet) at these
fights or owning or possessing a dog with the intent to use it in a
dogfight are only misdemeanors. This bill would create felony
penalties for these acts, significantly increasing both applicable
prison terms and fines, to provide more meaningful deterrents against
this blood sport.

The maximum prison term for the crime of Aggravated Cruelty to Animals
(aka Buster's Law), the intentional killing or intentionally causing
serious physical injury to a companion animal with animal cruelty is
only two years and/or a $5,000 fine. Animal cruelty is viewed by
experts as an indicator for future violence against humans. This bill
would increase the maximum prison sentence to four years and maximum
fine to $10,000, making the punishment more fitting of the crime.

Animal cruelty is viewed by experts as an indicator for future
violence against humans. Since his 1997 arrest that led to "Buster's
Law," Chester Williamson has been imprisoned numerous times for crimes
including Possession of Stolen Property and Attempted Burglary. In
Fall 2007 his criminal path took a predictable turn with his arrest
for attempted rape, sexual abuse and unlawful imprisonment of a


12-year-old girl. Requiring early intervention in the form of
psychiatric evaluation and treatment would be another tool in the
attempt to modify behavior patterns to halt this pattern for
escalating abuse.

LEGISLATIVE HISTORY: 06/21/13 - Committed to Rules/ 02/05/13 - A.4514
Referred to Agriculture

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2566

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to limiting
  the ownership or possession of companion animals by persons  convicted
  of violating "Buster's Law"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 353-a of the agriculture and markets law is amended
by adding a new subdivision 4 to read as follows:
  4. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, NO PERSON  WHO
IS  CONVICTED  OF  A  VIOLATION  OF  THIS SECTION SHALL OWN OR POSSESS A
COMPANION ANIMAL UNLESS AND UNTIL AUTHORIZED BY A COURT ORDER ISSUED  BY
A  COUNTY  COURT  JUDGE OF HIS OR HER COUNTY OF RESIDENCE. NO SUCH ORDER
SHALL BE ISSUED UNTIL SUCH CONVICTED PERSON FIRST  DEMONSTRATES  TO  THE
COURT THAT HE OR SHE HAS UNDERGONE PSYCHIATRIC OR PSYCHOLOGICAL TESTING,
THE RESULTS OF WHICH INDICATE BY CLEAR AND CONVINCING EVIDENCE OF HIS OR
HER  CAPABLE  AND  SOUND MENTAL CAPACITY AND ABILITY TO OWN AND PROPERLY
CARE FOR SUCH AN ANIMAL IN A HUMANE MANNER.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07300-01-3

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